The accused was charged with impaired operation, over 80 mgs, and assault with intent to resist arrest following a traffic stop where he exhibited erratic driving and refused to comply with police demands.
The over 80 mgs charge was dismissed as no breath samples were taken.
The assault charge was dismissed because the arrest for failing to identify under the Highway Traffic Act was deemed unlawful, as the officer did not request alternative identification.
However, the court found the accused guilty of impaired operation based on his driving conduct, physical symptoms of impairment, and bizarre behaviour.
A Charter application alleging excessive force during the arrest was dismissed, with the court finding the officers' use of force was measured and justified given the accused's resistance.
